Retained Swab Claims

Vaginal swabs are used to absorb bodily fluids during a C-section and these must be removed once the procedure is complete.

If a swab is not removed and remains within a mother’s uterus following suturing she will experience a number of symptoms including discomfort, pain, an offensive smell and usually discharge and she becomes at risk of developing an infection.

Very often women’s complaints of these symptoms following delivery can be disregarded however, serious complications can arise if these symptoms are not adequately investigated and the true cause identified.

When a retained swab amounts to medical negligence:

A retained swab is a completely preventable event it amounts to clear evidence of the substandard level of care during labour. If you are a victim of a retained swab then you should contact our medical negligence department where we can assist you in identifying all options open to you to pursue a claim for compensation but also to assist you in highlighting this breach of duty of care at your hospital and thereby to assist in improving the standard of care afforded to patients at your hospital.

How can we help:

Our experienced team of medical negligence lawyers at McElhinney & Associates Solicitors have dealt with compensation claims in respect of obstetrics claims involving retained swab medical negligence claims.

A typical obstetrics claim involving a retained swab negligence claim will involve the following steps:

• We will investigate every minute detail of your case and from there we will build your case by obtaining all of your medical records, taking full witness account from you and we will consultant the best experts in their field to give an opinion on whether negligence arose in your care or treatment.
• We will contact the relevant hospital or doctor advising them that we believe there was negligence in your care and treatment and asking them to admit liability.
• We will serve proceedings on the relevant medical institution or doctor and ensure that they reply to your claim in a timely manner with full details of any defence that they wish to make.
• We will represent your claim in the courts robustly to secure the appropriate level of compensation for your injuries.

Our experienced team will assist you in reviewing your medical records to identify if an error occurred. We will instruct experts who are the best in their field to provide an opinion on whether the treatment you received was negligent or not and we will progress your claim through the courts with skill, experience and knowledge and robustly represent your case so we can secure the best compensation for you or your loved one.

Our experience in claims involving retained swabs:

Our experienced team at McElhinney & Associates Solicitors have worked on various types of obstetrics claims involving retained swab claims over the years ranging from the simple to the most complex. We have developed an expertise in the area and so we know how to prepare and progress your claim to achieve the optimum level of compensation.

What level of compensation will I receive?

The level of compensation payable to you is directly related to the level of injury and trauma that you suffered together with the impact that the negligent treatment has had on your quality of life. Compensation is usually broken down into two parts:

1. General damages. This is compensation for the pain and suffering that you have endured to date together with the likely pain and suffering that you will endure into the future.
2. Special damages. These are items of expenditure and financial loss that you have incurred up to the date of the court award and possible likely future financial losses, for example, the cost of any private treatment, medication, aids and appliances, loss of earnings to date, loss of earnings into the future, the cost of any ongoing care and treatment required.

How long do you have to make a claim:

Any person who wishes to pursue a claim for medical negligence through the courts must do so within 2 years of the mistake being made or 2 years that they had knowledge that a mistake was made.

If your loved one has passed then the matter proceeds as a fatal injury claim.

Once proceedings are issued the case can take approximately, 2-3 years to come before the courts for hearing, depending on the complexity of the case, the number of experts that are required together with the defence delivered by the healthcare provider to your claim.

Early legal assistance can be vital as the time limits for bringing an action are very strict, therefore, if you believe that you have suffered as a result of substandard medical care then you may be able to make a claim for compensation against the hospital in question and we are happy to have an initial consultation with you where we will give you an initial assessment and advise you of your options.